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The IUP Law Review
ISSN: 2231-3095
A ‘peer reviewed’ journal distributed by EBSCO Database

Jan'18

Issues

The IUP Law Review is a quarterly journal focusing on various aspects of law and legal principles/issues relating to Cyber Law, Patent Rights, Copyrights, Insurance Contracts, Risk and Insurance, Banking Regulations (including Cooperative Banks/Rural Banks), Consumer Grievances, E-commerce/Internet Banking, Environmental Pollution, Public Policy, International Agreements and Treaties, Capital Markets, Mutual Funds, Secondary Markets, Medico-Legal, Socio-Legal, Arbitrations and Settlements.

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The Concept of Right to Development in the Neoliberalism Era with Reference to Transnational Corporate Accountability
Regulation of Cruelty to Animals and Cow Slaughter Ban in India: An Enquiry in Light of the Settled Law
Reservations in India: Utilitarian Objectives Lost in Rawlsian Applications
Reform of the Muslim Personal Law: Challenges and Possibilities
Can a President Self-Pardon? – A Comparative Study Between the US and India
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Contents
(Jan 2018)

The Concept of Right to Development in the Neoliberalism Era with Reference to Transnational Corporate Accountability

--Annapurna Devi Munaganti

In the neoliberalism era, the concept of Right to Development (RTD) plays a crucial role for the development of an individual as well as institution. The RTD—treated as third generation right—has wider scope in its interpretation because of its unique mixture of both civil and political rights and economic and social rights. The RTD had its influence from western capitalism and eastern socialism. This paper tries to focus on the impact of RTD on the Transnational Corporations (TNCs) and the role of TNCs in the development process of the host country. The paper finds as to how the TNCs, under the umbrella of development, change the dynamics of accountability in a new sense. Besides, the concept of RTD is not intended for the TNCs to escape their liability from accountability. The paper also enlightens as to how the concept of RTD has been misinterpreted and misconceptualized by the TNCs. The paper tries to draw a cordial relationship between the development and accountability concepts of TNCs with some suggestions.

Article Price : Rs.50

Regulation of Cruelty to Animals and Cow Slaughter Ban in India: An Enquiry in Light of the Settled Law

--Dharmendra Kumar Singh and Haricharan Singh Yadava

The Government of India on May 23, 2017 prohibited the sale and purchase of the animals at marketplace for slaughtering purposes. It aims to decelerate the tendency to produce ‘unproductive’ animals for killing in slaughterhouses. Certainly, killing of cattle produces some benefits but at a costlier price in terms of cruelty to the animal concerned. The society has spent much resource on the animal from its birth up to production age. Yet, it will be wrong if we are not taking into account the social cost at the time of profit calculation. A prominent consideration in this regard is the unnecessary deviation from a well-thought constitutional goal. This paper attempts to explore legal implications and analyzes the instant profit and loss resulting from ban on the sale and purchase of animals for slaughtering purposes and its diverse and distinct aspects in the national context. The Madras High Court has stayed the enforcement of the notification. The Supreme Court extended the stay to the rest of India. Though the matter is sub judice, there is space for the intelligentsia to discuss it in the light of settled law by the Courts. Taking these into consideration, the present study tries to comment on the effort made by the Central Government.

Article Price : Rs.50

Reservations in India: Utilitarian Objectives Lost in Rawlsian Applicationsn

--Md. Adil

The paper seeks to re-incorporate the utilitarian adoption of the color blind vision in the system of reservation in India that has been clouded by the adoption of the Rawlsian perception of practical equality. The Constituent Assembly debates have shown that the inclusion of Article 16 (4)1 in the Indian Constitution, and consequently Article 15 (4),2 were to serve as exceptions to the formal equality embedded in Articles 14,3 15(1),4 16(1),5 and 16 (2).6 Given the structural conditions in India, a concurrence with the conception of practical equality flows as an absolute necessity. However, the necessity must not supersede the general/formal equality established in the society. The first part of the paper analyzes statutory interpretations guided by the principle of reasonableness to prove that it is a product of a Color Blind Constitution. The second part establishes the greater prominence to formal equality under the Color Blind Indian Constitution. The third part illustrates that the Group Subordination Vision under the Indian Constitution came about at a compromise to the sacred balance, by an equality of deceit. The fourth part claims for the adoption of economic criteria for backwardness and the ‘creamy layer’. The fifth part seeks to reconcile all the aforementioned ideas to re-establish the sacred balance. The analysis is restricted to the Scheduled Castes, Scheduled Tribes and the Other Backward Classes.

Article Price : Rs.50

Reform of the Muslim Personal Law: Challenges and Possibilities

--Subhash Chandra Singh

All legal systems—whether unitary or plural—must conform to the international standards of human rights, including gender equality. Muslim personal law legitimizes traditional practices in the name of religion that are inconsistent with expansion of freedom and gender equality. The practical importance of this paper arises from the fact that, despite formal guarantees of equality of rights at both the international and national levels, lives of Muslim women in India continue to be characterized by gender discrimination and substantive inequality in the field of family law. It is interesting to observe that progressive men and women belonging to the Muslim community have already started demanding a change. It is well-known that many Muslim countries have made substantial changes in their personal laws. The changes taking place in other countries which are predominantly Muslim can make an impact on Muslim opinion in this country. If the reform is to be given content and to be meaningful in the lives of Muslim women, it cannot simply be imposed by legal structures external to the community, but must be introduced from within the community, and must begin with socioeconomic and educational empowerment of both men and women of that community.

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Automated Teller Machines (ATMs): The Changing Face of Banking in India

Bank Management
Information and communication technology has changed the way in which banks provide services to its customers. These days the customers are able to perform their routine banking transactions without even entering the bank premises. ATM is one such development in recent years, which provides remote banking services all over the world, including India. This paper analyzes the development of this self-service banking in India based on the secondary data.

The Information and Communication Technology (ICT) is playing a very important role in the progress and advancement in almost all walks of life. The deregulated environment has provided an opportunity to restructure the means and methods of delivery of services in many areas, including the banking sector. The ICT has been a focused issue in the past two decades in Indian banking. In fact, ICTs are enabling the banks to change the way in which they are functioning. Improved customer service has become very important for the very survival and growth of banking sector in the reforms era. The technological advancements, deregulations, and intense competition due to the entry of private sector and foreign banks have altered the face of banking from one of mere intermediation to one of provider of quick, efficient and customer-friendly services. With the introduction and adoption of ICT in the banking sector, the customers are fast moving away from the traditional branch banking system to the convenient and comfort of virtual banking. The most important virtual banking services are phone banking, mobile banking, Internet banking and ATM banking. These electronic channels have enhanced the delivery of banking services accurately and efficiently to the customers. The ATMs are an important part of a bank’s alternative channel to reach the customers, to showcase products and services and to create brand awareness. This is reflected in the increase in the number of ATMs all over the world. ATM is one of the most widely used remote banking services all over the world, including India. This paper analyzes the growth of ATMs of different bank groups in India.
International Scenario

If ATMs are largely available over geographically dispersed areas, the benefit from using an ATM will increase as customers will be able to access their bank accounts from any geographic location. This would imply that the value of an ATM network increases with the number of available ATM locations, and the value of a bank network to a customer will be determined in part by the final network size of the banking system. The statistical information on the growth of branches and ATM network in select countries.

Indian Scenario

The financial services industry in India has witnessed a phenomenal growth, diversification and specialization since the initiation of financial sector reforms in 1991. Greater customer orientation is the only way to retain customer loyalty and withstand competition in the liberalized world. In a market-driven strategy of development, customer preference is of paramount importance in any economy. Gone are the days when customers used to come to the doorsteps of banks. Now the banks are required to chase the customers; only those banks which are customercentric and extremely focused on the needs of their clients can succeed in their business today.

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